The Board remanded the Veteran's claim for compensation under 38 U.S.C. § 1151 for an additional disability (left eye vision loss and related conditions) allegedly caused by a July 2020 VA surgical procedure. The remand was necessary to obtain missing informed consent documentation from VA's Vista Imaging system and to obtain a more thorough medical opinion addressing whether the claimed disability resulted from VA fault or an unforeseeable event.
The deciding factor: The Board found pre-decisional duty to assist errors: the VA failed to obtain and associate the complete informed consent documentation from the July 2020 surgery with the claims file, and the medical opinions obtained were conclusory and failed to adequately address the specific elements required under 38 U.S.C. § 1151, including whether an additional disability existed, what that disability was, whether it was caused by the VA treatment, and whether it resulted from VA fault or an unforeseeable event.
- Claimed conditions
- left eye 25-27 gauge pars plana vitrectomy (PPV), membrane dissection for macular retinal detachment, proliferative diabetic retinopathy, loss of vision in the left eye
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2025
- Citation
- A25024503
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25024503.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for all claimed conditions, including hypertension, hypothyroidism, loss of vision in the left eye, prostate cancer, and metastatic bone cancer. The decision was based on a lack of evidence linking these conditions to military service.
- Remanded (sent back)
The Board has determined that the VA medical opinions are inadequate and as such, the RO should have obtained clarifying opinions regarding whether the YAG capsulotomy treatment was in fact conducted too early. The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded to obtain additional clarification from an appropriate medical professional.
- Remanded (sent back)
The Board has determined that the VA medical opinions are inadequate and as such, the RO should have obtained clarifying opinions regarding whether the YAG capsulotomy treatment was in fact conducted too early. The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded to obtain additional clarification from an appropriate medical professional.
- Remanded (sent back)
The Board has determined that the VA medical opinions are inadequate and as such, the RO should have obtained clarifying opinions regarding whether the Veteran's left eye condition was caused or aggravated by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The VA ophthalmologist did not address the private DBQ from 2019 and the timeline provided by the Veteran's treating optometrist.
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